Punit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42845 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Punit Kumar Son Of Mantu Chodhry @ Mantoo Chaudhary Village- Gangti, Ward No. 12, P.S.- Dawath, Distt.- Rohtas 2.

Sandeep Kumar Son of Late Lalan Prasad Kesri Village- Koath, P.S.- Dawath, Distt.- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise Sadar P.S. Case No. 107 of 2024 dated 07.05.2024 registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 311.040 litres of illicit country made liquor was recovered from the Scorpio vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not the owner of the

Patna High Court CR. MISC. No.42845 of 2024(2) dt.24-06-2024 2/2 said vehicle but the same was being driven by the petitioner no. 1 at the time of the alleged recovery and the petitioner no. 2 is a pillion rider. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has clean antecedent however, petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation and the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Excise Sadar P.S. Case No. 107 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T